McMillan v. Department of Children & Families
This text of 868 So. 2d 1286 (McMillan v. Department of Children & Families) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Janelle McMillan challenges two final orders of the Department of Children and Families, each rendered on May 21, 2002, which upheld the Department’s denial of Medicaid benefits based upon the determination of the Social Security Administration (SSA) that McMillan did not meet SSA eligibility requirements. See 42 C.F.R. § 435.541 (a state agency “may not make an independent determination of disability if SSA has made a disability determination within the time limits set forth in section 435.911 on the same issues presented in the Medicaid application” and a “SSA disability determination is binding on an agency [of the State] until the determination is changed by SSA.”). Because McMillan has not demonstrated that the orders are contrary to law or are unsupported by competent substantial evidence, we affirm the final orders. See Axilrod v. State, Dept. of Children and Family Services, 799 So.2d 1103, 1108 (Fla. 4th DCA 2001).
AFFIRMED.
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868 So. 2d 1286, 2004 Fla. App. LEXIS 4567, 2004 WL 726677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-department-of-children-families-fladistctapp-2004.